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metroweekly.com
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Montana Judge Declares College Trans Ban Unconstitutional
2021 law barring transgender athletes from competing on sports teams that align with their gender identity is unconstitutional. On Sept. 14, Gallatin County District Judge Rienne McElyea issued an injunction permanently barring the state from enforcing a provision in the law that prohibits transgender athletes from participating on collegiate-level women’s sports teams.McElyea found that, in passing the law, the state’s Republican-led Legislature infringed on the constitutional authority of the Montana Board of Regents, which is allowed to make its own policies governing college campuses.The ruling does not overturn part of the law prohibiting transgender athletes in grades K-12 from competing in sports that match their gender identity.In her ruling, McElyea rejected the state’s argument that the Board of Regents had no existing policies regarding athlete participation, finding that the board’s decision to comply with NCAA regulations on transgender participation was in itself a policy, reports the Helena Independent Record.“Contrary to the state’s characterization, the Board’s policy is not a delegation of the Board’s constitutional authority to a non-governmental body [NCAA], but an exercise of the Board’s authority to ensure the eligibility of Montana athletes and to protect the [Montana University System’s] substantial financial investment in its athletics programs,” she wrote.Current NCAA policy on transgender athletes allows each individual sports’ national governing body to determine its own criteria for eligibility.
metroweekly.com
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Louisiana Public Schools to Reject Protections for LGBTQ Students
Just two months after President Joe Biden announced steps to increase federal protections for the LGBTQ community, it appears public schools in Louisiana will be refusing to implement policies protecting LGBTQ students that would comply with guidance from the U.S. Department of Education.As part of a larger executive order, Biden directed the Education Department to form a working group aimed at advancing pro-LGBTQ policies in schools, in the name of creating “safe and inclusive learning environments in which all students thrive.”The extent of those policies may vary, but will largely embrace the principle that LGBTQ students, especially transgender students, are protected from discrimination under Title IX of the Education Amendments of 1972, a federal law prohibiting sex-based discriminatory practices in taxpayer-funded schools.Last year, Education Secretary Miguel Cardona, citing the legal logic underlying a landmark LGBTQ rights case from 2020, clarified that anti-LGBTQ discrimination is inherently a form of sex-based discrimination.In issuing his executive order, Biden noted that over 300 proposed anti-LGBTQ laws have been introduced over the past year, many of which specifically target transgender children and their parents “by banning access to medical care and support at school.” The order, and the formation of the working group focused on pro-LGBTQ policies, were intended to provide a framework with which to implement the principles previously outlined by Cardona.But many social conservatives, including Louisiana state officials, disagree with the premise that Title IX applies to any situation besides those explicitly dealing with a person’s assigned sex at birth.

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